HLS 201ES-8 ORIGINAL
2020 First Extraordinary Session
HOUSE BILL NO. 9
BY REPRESENTATIVE ZERINGUE
FUNDS/FUNDING: Provides for the transfer, deposit, and use of monies among state funds
(Item #10)
1 AN ACT
2To amend and reenact R.S. 47:463.167(E) and R.S. 56:644(B) and (C)(introductory
3 paragraph), relative to certain treasury funds; to provide for the transfer, deposit, and
4 use of monies in such funds; to restrict uses of certain funds; to provide for
5 legislative intent with respect to prior Acts of the legislature; to provide for
6 effectiveness; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Notwithstanding any provision of law to the contrary, the state treasurer
9is hereby authorized and directed to transfer $223,690,291 to be comprised wholly of
10nonrecurring revenues out of the state general fund from the Fiscal Year 2018-2019 surplus,
11as recognized by the Revenue Estimating Conference, to the Budget Stabilization Fund.
12 Section 2. Notwithstanding any provision of law to the contrary, the state treasurer
13is hereby authorized and directed to transfer $3,000,000 into the Major Events Incentive
14Program Subfund from the State General Fund (Direct).
15 Section 3. R.S. 47:463.167(E) is hereby amended and reenacted to read as follows:
16 §463.167. Special prestige license plates; "Hunters for the Hungry Louisiana"
17 * * *
18 E. The annual royalty fee collected by the department shall be forwarded to
19 the Department of Wildlife and Fisheries with ninety percent to be deposited into a
20 special escrow account known as the "Hunters for the Hungry Escrow Account". No
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HB NO. 9
1 more than ten percent of the monies forwarded to the Department of Wildlife and
2 Fisheries from the annual royalty fee shall be deposited into the state treasury and
3 shall be credited to the Bond Security and Redemption Fund. After a sufficient
4 amount is allocated from that fund to pay all obligations secured by the full faith and
5 credit of the state which become due and payable within any fiscal year, the treasurer
6 shall, prior to placing such remaining funds in the state general fund, pay ten percent
7 of the annual royalty fees into the Conservation Fund which shall be used for
8 administrative costs of the Department of Wildlife and Fisheries. The balance in the
9 escrow fund shall be used solely by Hunters for the Hungry Louisiana to pay for the
10 processing and distribution of meats, when such meats shall be used by a nonprofit
11 entity or charitable organization in food or meal distribution at no cost to an
12 individual pursuant to R.S. 56:644. The annual royalty fee collected by the
13 department shall be forwarded to Hunters for the Hungry Louisiana. The monies
14 received from the royalty fees shall be used solely for the support of programs
15 administered by Hunters for the Hungry Louisiana.
16 * * *
17 Section 4. R.S. 56:644(B) and (C)(introductory paragraph) are hereby amended and
18reenacted to read as follows:
19 §644. Fishing and hunting license checkoff; donation for Hunters for the Hungry
20 * * *
21 B. There is hereby created within the Department of Wildlife and Fisheries
22 a special escrow account known as the "Hunters for the Hungry Escrow Account".
23 The escrow account is created to receive deposits of donations for the benefit of
24 Hunters for the Hungry made when an individual purchases a fishing and hunting
25 license, and no public funds shall be deposited into the escrow account. No more
26 than seventy-five percent of the donations received by the department under the
27 provisions of this Section shall be deposited into the escrow account. Subject to the
28 exception contained in Article VII, Section 9(A) of the Constitution of Louisiana,
29 twenty-five percent of all funds collected from the donations made under the
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HB NO. 9
1 provisions of this Section shall be paid into the state treasury and shall be credited
2 to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond
3 Security and Redemption Fund after a sufficient amount is allocated from that fund
4 to pay all obligations secured by the full faith and credit of the state which become
5 due and payable within any fiscal year, the treasurer shall, prior to placing such
6 remaining funds in the state general fund, pay into the Conservation Fund an amount
7 equal to twenty-five percent of the amount of funds collected under the provisions
8 of this Section. The escrow account shall be administered by the department which
9 shall every three months remit the balance of the monies in the escrow account to
10 Hunters for the Hungry. The monies in the escrow account shall be used solely as
11 provided by Subsection C of this Section. All unexpended and unencumbered
12 monies in this escrow account at the end of the fiscal year shall remain in the fund
13 escrow account. The monies in the Conservation Fund escrow account shall be
14 invested by the state treasurer in the same manner as monies in the state general
15 fund.
16 C. No more than twenty-five percent of the monies in the escrow account
17 shall be transferred to the Conservation Fund to be used for administrative costs. The
18 balance shall be used solely by Hunters for the Hungry to pay for the following:
19 * * *
20 Section 5. The provisions of Sections 3 and 4 of this Act shall supersede the
21provisions of Sections 15 and 18 of Act No. 612 of the 2018 Regular Session of the
22Legislature and Sections 7 and 10 of Act No. 362 of the 2019 Regular Session of the
23Legislature that amended and reenacted R.S. 47:463.167(E) and R.S. 56:644(B) and
24(C)(introductory paragraph).
25 Section 6. This Act shall become effective upon signature by the governor or, if not
26signed by the governor, upon expiration of the time for bills to become law without signature
27by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
28vetoed by the governor and subsequently approved by the legislature, this Act shall become
29effective on the day following such approval.
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HB NO. 9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 9 Original 2020 First Extraordinary Session Zeringue
Abstract: Provides for the transfer, deposit, and use, as specified, of certain treasury funds.
Proposed law transfers $223,690,291 of the FY 2018-2019 surplus to the Budget
Stabilization Fund.
Proposed law transfers $3,000,000 of State General Fund (Direct) to the Major Events
Incentive Program Subfund.
Present law authorizes an annual royalty fee for a prestige license plate for Hunters for the
Hungry. Proposed law retains present law.
Present law (R.S. 47:463.167) requires the royalty fee to be deposited into a special escrow
account at the Department of Wildlife and Fisheries. Provides that a maximum of 10% of
the escrow account be deposited into the Conservation Fund in the state treasury. Proposed
law repeals present law. Provides that the royalty fees collected by the department be
forwarded to Hunters for the Hungry directly, rather than deposited into an escrow account.
Present law provides that monies remaining in the escrow account may be used by Hunters
for the Hungry to pay for the processing and distribution of meats when donated to a
charitable organization. Proposed law provides that the royalty fees collected be used to
support programs administered by Hunters for the Hungry.
Present law (R.S. 56:644) authorizes collection of donations made to Hunters for the Hungry
when individuals purchase a fishing and hunting license. Requires donations collected to
be deposited into an escrow account at the Department of Wildlife and Fisheries. Proposed
law retains present law.
Present law requires a maximum of 25% of collected donations be deposited in the state
treasury Conservation Fund. Proposed law repeals present law.
Present law allows a maximum of 25% of the monies transferred to the Conservation Fund
pursuant to present law to be used by the department for administrative costs. Proposed law
allows the department to use a maximum of 25% of the monies in the escrow account for
administrative costs.
Proposed law provides that the provisions of R.S. 47:463.167 and R.S. 56:644 as amended
by this Act are intended to supersede certain other legislation amending the same sections
that has not yet become effective.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 47:463.167(E) and R.S. 56:644(B) and (C)(intro. para.))
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